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OKLAHOMA - The Oklahoma Court of Criminal Appeals threw out the sentence for the Duncan teen convicted of gunning down an Australian athlete.

Chancy Luna, and two other teens, are accused of gunning down Christopher Lane, 22, while he was jogging in Duncan back in August of 2013.

Nearly two years after Lane’s death, the teen who pulled the trigger, Luna, was found guilty of First Degree Murder.

He was later sentenced to life in prison without the possibility of parole.

Luna’s attorneys said in a court filing that the sentence was unconstitutional and claimed it violated the eighth amendment, which prohibits cruel and unusual punishment.

The Oklahoma Court of Criminal Appeals agreed.

"Children, those of us under the age of 18 are immature. We haven't fully developed. We do things that are stupid because of our immaturity and because of that to sentence us to life in prison without parole when we haven't fully developed mentally is cruel and unusual punishment," David Mckenzie, a Legal Analyst, said.

Luna will now get a new sentencing hearing, but life without parole is still on the table.

However, a court document states that “life without the possibility of parole is always unconstitutional for a juvenile, unless he is ‘permanently incorrigible’ or ‘irreparably corrupt’."

"We have to look at this young man's background to see if he's somebody that can be redeemed, or if he's just going to be homicidal, mean," McKenzie said.

Determining if a juvenile will always be a threat to society is something a jury will now have to deeply consider.

"It's an ever evolving standard that we're dealing with here on how we treat young people when they're accused of the ultimate crime," Mckenzie said.

Another similar decision was handed down Friday by the Oklahoma Court of Criminal Appeals.

Tucker McGee will also be re-sentenced.

McGee is convicted of killing 16-year-old JaRay Wilson, in Custer County, when he was a teen.